New London - Settlement talks are in the works in the ongoing breach of contract lawsuit filed by suspended Police Chief Margaret Ackley against the city.

A hearing scheduled for Tuesday in New London Superior Court is unlikely to occur as the two sides look to schedule time for mediation before a judge, Ackley's attorney, Leon Rosenblatt, said Friday.

"I think everybody's on board for mediation to find if there's any way to resolve this long-lasting dispute in a way that's good for everybody," Rosenblatt said. "It is for the benefit of the city and each of the parties to talk about avoiding what likely would be a contentious and ugly evidentiary hearing and ultimately a trial."

A judge on Tuesday was slated to consider a request by Ackley for an injunction barring Mayor Daryl Justin Finizio from interfering in her duties as police chief. An attorney representing Finizio has argued that the request, filed in July, is moot given the fact Finizio then suspended Ackley and announced an investigation into allegations of misconduct. The suspension came a day after she filed the injunction request.

Ackley contends she was dismissed "without even a nod in the direction of the due process required by statute," according to a supporting memorandum filed by Rosenblatt. Rosenblatt said Ackley was never given specific grounds for her suspension and was never afforded a hearing.

The injunction request is just one part of the pending lawsuit filed in June 2013 by Ackley against Finizio, the city and city attorney Brian Estep for allegedly reneging on a signed contract designed to keep her from retiring and on a separate compensation package.

Ackley is being paid while the city's personnel administrator, Tina Collins, leads an investigation into a host of allegations against her, many of which surround her tumultuous relationship with the local police union. Finizio contends Ackley "may have acted in bad faith to subvert the collective bargaining process," misrepresented financial information about the department and "deliberately increased overtime spending," to undermine the collective bargaining process, among other allegations.

The city would have to show "just cause," as spelled out in state statute, before it could consider firing Ackley.

"Police chiefs need statutory protection against termination without cause to protect them from politicians seeking political gain," Rosenblatt writes.

Rosenblatt argues that because of her lawsuit, Finizio essentially removed Ackley from the position as chief months ago when she was shunned from the decision-making process.

"Defendants in this case have engaged in the very conduct (state statute) was designed to prevent - abuse of personal and political power by elected officials in an effort to compromise the discretion and relative independence of a police chief," Rosenblatt wrote.

Ackley claims many of Finizio's moves have been politically motivated, including making agreements with the union to "curry favor."

Among claims in her motion for an injunction, Ackley says public safety is in jeopardy as evidenced by Sailfest, which she maintains was a "near disaster" because of poor planning and lack of manpower when Finizio refused to hire more personnel at the department for more than two years.

In a court filing in opposition to the injunction, Finizio's attorney, Richard J. Burturla, argues that Finizio contacted the governor, state police and U.S. Rep. Joe Courtney, D-2nd District, to arrange for additional funding and authorized hiring additional officers from outside the city and private security to ensure adequate security.

"Mayor Finizio's actions did not threaten the public safety, but rather enhanced it," Burturla writes.

Finizio filed a judicial alternate dispute resolution request Wednesday - an opportunity to sit behind closed doors with a judge and work out a details of a settlement. A similar request was filed by Ackley in September but never led to a meeting.

Burturla was not available for comment.

g.smith@theday.com

Twitter: @SmittyDay